HOUSING AND TOWN IMPROVEMENT ORDINANCE

Arrangement of Sections

PART I

Preliminary

1. Short title.

2. Interpretation.

3. Application of Ordinance.

4. Powers under Ordinance to be additional to powers conferred by other enactments.

PART II

Preventive Measures

CHAPTER I

Buildings

5. No building to be erected without approval of Chairman.

6. No alteration without consent of Chairman.

7. No approval or consent to be given except in accordance with law.

8. Requirements by Chairman.

9. Appeal where decision delayed.

10. Notice of commencement or resumption of operations.

11. Inspection of building operations.

12. Proceedings to be taken in respect of building or work commenced contrary to this Chapter.

13. Offences.

14. Suspension of operations pending appeal.

15. Certificate of conformity.

16. Appeal.

17. Power of Chairman to permit erection of buildings for temporary purposes.

CHAPTER II

Streets

18. Persons desirous of developing property by building to set apart streets and back lanes.

19. All buildings to be erected upon street lines.

20. Notice of intention to lay out new street.

21. Directions by Chairman.

22. Width of street.

23. Appeal where communication of decision delayed.

24. Demarcation of new streets.

25. Offences.

26. Constructing private streets.

27. Appeals.

CHAPTER III

General

28. By-laws for regulating and preserving character of special areas.

29. Reservation of public arcades.

30. Buildings at the corners of streets.

PART III

Remedial Measures

CHAPTER I

Improvement Commissioners

31. Minister may appoint Improvement Commissioners.

32. Powers and duties of Board of Improvement Commissioners.

33. By-laws.

34. Acts not invalidated by defect in appointment.

35. Audit and annual report.

CHAPTER II

Improvement Schemes

36. Definition of "promoters”.

37. Modes of carrying out improvement schemes.

38. Power to carry out a scheme in concurrence with property owners.

39. Matters to be provided for by improvement schemes.

40. Types of improvement.

41. General Improvement scheme.

42. Redistribution scheme.

43. Rebuilding scheme.

44. Alternative form of rebuilding scheme.

45. Re-housing scheme.

46. Housing accommodation scheme.

47. Street scheme.

48. Street intersection scheme.

49. Street widening scheme.

50. Back lane scheme.

51. Building scheme.

52. Reclamation scheme.

53. Procedure on completion of schemes.

54. Objections to schemes.

55. Submission of the scheme to the Minister for sanction.

56. Power to sanction or reject improvement scheme.

57. Notification of sanction to an improvement scheme.

58. Alteration of improvement scheme after sanction.

59. Power of local authority to use funds for improvement schemes.

60. Power of Chairman of a local authority to refuse consent to building likely to conflict with improvement scheme.

61. Order for delivery of possession of land or building.

62. Transfer to local authority of streets.

63. Effect of schemes on rights and remedies.

CHAPTER III

Obstructive Buildings

64. Representation by health officer.

65. Representation by householders.

66. Consideration of objections.

67. Acquisition of obstructive building.

68. Power of owner to retain site.

69. Acquisition of part of building.

70. Apportionment of betterment.

71. Where site retained no other obstructive building to be erected.

72. Site acquired to be kept open.

73. Power to dedicate site for public use.

74. Adaptation of chapter to improvement schemes.

CHAPTER IV

In Sanitary Dwellings

75. Dwelling house includes part of dwelling house.

76. Duty of local authority to inspect district.

77. Closing order.

78. Directions in closing order.

79. Power to use premises for other purposes.

80. Marking of closed premises.

81. Order for demolition.

82. Power of local authority to undertake works at request of owners of dwelling houses and recover expenses.

83. Offences.

PART IV

General

CHAPTER I

Acquisition and Compensation

84. Acquisition proceedings.

85. Determination of compensation in other cases.

86. Rules for determining compensation.

CHAPTER II

Tribunal of Appeal

87. Minister may appoint Tribunal of appeal.

88. Where no special Tribunal appointment District Court to be a Tribunal of appeal.

89. Constitution of Tribunal.

90. Duration of office.

91. Removal of members.

92. Vacancies to be supplied.

93. Remuneration of members.

94. Expenses of the Tribunal.

95. Enforcement of the decision of the Tribunal.

96. Tribunal may state case for the opinion of the Court of Appeal.

97. Procedure of Tribunal.

98. Regulations as to procedure and fees.

99. Disposal of fees.

CHAPTER III

Miscellaneous Provisions

100. Standard of fitness for human occupation.

101. Standard of overcrowding.

102. Buildings in a ruinous and dangerous state.

103. Recovery of charges.

104. Service of notices.

105. Relief against informalities.

106. Protection of officers.

107. Improvement Commissioners and their officers to be held public servants.

108. Enforcement of mandatory order.

109. Prohibition of persons interested from voting.

110. Penalty for preventing execution of ordinance.

111. Masonry boundary walls.

112. Register of obligations affecting land or buildings.

113. Erection of shelters and roundabouts by local authority.

114. Default of Chairman.

SCHEDULE

19 of 1915,

32 of 1917,
42 of 1917,

3 of 1929,

13 of 1931,

34 of 1933,

11 of 1935,

17 of 1943,
24 of 1946,

57 of 1946,

16 of 1947,

29 of 1953,

10 of 1954,

53 of 1954,

28 of 1956,

3 of 1978,

39 of 1979,

38 of 1980,

57 of 1981,

10 of 1983.

AN ORDINANCE to provide for the better housing of the people and the improvement of towns.

[Date of Commencement: 1st December, 1915]

PART I

Preliminary

1. Short title.

This Ordinance may be cited as the Housing and Town Improvement Ordinance.

2. Interpretation.

In this Ordinance, unless the context otherwise requires—

"administrative region” means an administrative region defined by Order made under section 2 of the Local Government (Administrative Regions) Ordinance;

"assessed annual value” with regard to any land or building means the value at which such land or building has been assessed for the purpose of rates under any enactment;

"building” in relation to—

(a) a house, means a building that is detached or joined to another building on any side, adapted or designed for use as a dwelling house, consisting of at least one living room, a cooking place and a latrine, but does not include a flat;

(b) a flat or an apartment, means a self-contained suite of rooms, one or more than one floor, as the case may be, of a building of one or more than one storey, adapted or designed for use as a dwelling house;

(c) a residential building, means any building or a portion of a building adapted and designed for use as a dwelling house other than those mentioned in paragraphs (a) and (b), and includes a Boarding house, hostel, lodging house, residential club and residential hotel;

(d) a dwelling attached to a building of another category, means a dwelling or a warehouse and a dwelling or a factory and a dwelling or a shop and a dwelling, adapted and designed for use as a residence and includes a building or a portion of a building designed for use as the residence of a caretaker;

(e) a commercial building, means any building or a portion of a building which is used for professional or commercial purposes;

(f) a warehouse, means any building or a portion of a building which is used for bulk storage of goods and includes a parking garage but does not include a shop, boutique or other place used mainly for the sale of goods, nor a garage used solely for carrying out repairs;

(g) an industrial building, means any building or a portion of a building used or intended to be used as a factory or workshop and includes any depository or store or any office within the same site, the use of which is incidental to the use of such factory or workshop;

(h) a public building, means any building belonging to a public institution including a benevolent home, convalescent house, hospital, nursery, nursing home, orphanage and sanatorium; or any building where people assemble for the purpose of recreation, amusement, entertainment, instructions, meeting or worship;

(i) an outbuilding means any building of any category of buildings not falling within any one of the above-mentioned categories and includes any appurtenances of a building and any masonry boundary wall or gateway.

[Subs by s 3(1) of Act 38 of 1980.]

"Chairman” means the Chairman of the local authority or of the Board of Improvement Commissioners, and in the case of a Municipal Council includes the Mayor and Deputy Mayor:

Provided that where the local authority is the Assistant Commissioner of Local Government for any administrative region, any reference in this Ordinance to the Chairman shall be deemed to be a reference to such Assistant Commissioner;

"construction” in the case of any street or thoroughfare includes provisions for the lighting of the street or thoroughfare and the supply of water to its inhabitants, and its sewering, draining, levelling, paving, kerbing, metalling, channelling, and every method of making a carriageway or footway, and the provision of access to the street or thoroughfare;

"cost of construction” includes a reasonable percentage in respect of establishment charges, and in the case of the provision of access, the cost involved in the acquisition of any land necessary for the purpose;

.

["Domestic building” omitted by s 3(2) Act 38 of 1980]

"dwelling house” means a building used or constructed or adapted to be used wholly or principally for human habitation;

"habitable room” means a room constructed or adapted to be inhabited;

"health officer” includes any medical officer of health or any officer charged with the medical supervision of public health by any local authority;

"inhabited room” means a room in which some person passes the night, or which is used as a living room, and includes a room in respect of which in the circumstances of the case there is a probable presumption (until the contrary is shown) that some person passes the night therein, or that it is used as a living room;

"local authority” means—

(a) within any Municipal limits, the Municipal Council;

(b) within the limits of any Urban Council or Town Council, the Urban Council or Town Council;

(c) within the administrative limits of any Village Council, the Assistant Commissioner of Local Government for the administrative region within which such limits are situated, or if the Minister by Order published in the Gazette so directs, the Village Council;

(d) in any place outside any of the limits aforesaid, the Assistant Commissioner of Local Government for the administrative region within which such place is situated;

"Magistrate” includes a Municipal Magistrate;

"owner” includes the person for the time being receiving the rent of the premises in connection with which the word is used, whether on his own account, or as agent or trustee for any other person, or who would receive the same if such premises were let to a tenant;

.

["Public building” omitted by s 3(2) of Act 38 of 1980.]

"public street” means any street over which the public have a right of way, which is or has been usually repaired or maintained in whole or in part by any public authority, or which has been conveyed to them or has become vested in them under any enactment or by operation of law;

"street” includes any road, footway, or passage used or intended to be used as a means of access to two or more houses or sites of houses, whether the public have a right of way thereover or not, and includes all channels, drains, ditches, sidewalks, and reservations at the side thereof;

"Tribunal of appeal” means the Tribunal referred to in Chapter II of Part IV;

"window” includes an opening for ventilation which is so placed as to admit both light and air without obstruction.

Where any expression is used denoting or implying conformity with, or contravention of, any enactment, the expression "Ordinance” or "enactment” shall be deemed to include any rule, regulation, by-law, scheme, or order made thereunder. All references to this Ordinance include the Schedule.

3. Application of Ordinance.

This Ordinance shall apply—

(a) within the administrative limits of any Municipal Council, Urban Council or Town Council;

(b) within any other limits in which it shall be declared to be in force by resolution of Parliament.

4. Powers under Ordinance to be additional to powers conferred by other enactments.

The powers conferred upon any local authority by this Ordinance shall be in addition to, and not in derogation of, any powers of such local authority under any other enactment:

Provided that in any case in which any provision of this Ordinance is in conflict with any provision of any such other enactment, the provision of this Ordinance shall prevail.

PART II

Preventive Measures

CHAPTER I

Buildings

5. No building to be erected without approval of Chairman.

No person shall erect or re-erect any building within the limits administered by a local authority, except in accordance with plans, drawings, and specifications approved in writing by the Chairman.

6. No alteration without consent of Chairman.

(1) No person shall make any alteration in any building within the limits administered by a local authority without the written consent of the Chairman.

(2) For purposes of this and the connected sections an "alteration” means any of the following works—

(a) the construction of a roof or any part thereof, or an external or party wall;

(b) the closing or construction of any door or window in an external wall;

(c) the construction of an internal wall or partition;

(d) any other alteration of the internal arrangements of a building which effect any change in the open space attached to such building, or its drainage, ventilation, or sanitary arrangements;

(e) the addition of any building, room, outhouse, or other structure;

(f) the roofing of any space between one or more walls and buildings;

(g) the conversion into a dwelling house of any building not originally constructed for human habitation;

(h) the conversion into more than one place for human habitation of a building originally constructed as one such place;

(i) the conversion of two or more places of human habitation into a greater number of such places;

(j) the alteration of a building for the purpose of effecting a partition among joint owners; and

(k) the re-erection of any part of the building demolished for the purpose of such re-erection or otherwise destroyed.

But the said expression shall not include—

(i) the re-roofing in whole or in part with cadjan or any substance of similar character of any building or part of a building; or

(ii) the re-erection in whole or in part of any wall of any thatched mud and wattle building, or any part thereof, rendered unfit for habitation by stress of weather or other similar cause; or

(iii) any repair or minor alteration as to which it shall have been declared by public notice on the order of the Chairman that the consent of the Chairman will not be required under this section.

7. No approval or consent to be given except in accordance with law.

(1) The Chairman shall not—

(a) approve any plan or specification of any building; or

(b) consent to any alteration in any building, which shall conflict, or cause such building to conflict, with the provisions of this Ordinance or any other enactment.

(2) Where any proposed alteration in any building involves the addition of any room or storey to the building, the Chairman may refuse to consent to any such alteration unless the whole building or any part thereof is brought into conformity with this Ordinance or any other enactment.

(3) The Chairman shall not refuse his approval or consent except on the grounds indicated in this section, or on the ground of non-compliance with any requirement made under section 8.

(4) An alteration shall be deemed to cause a building to conflict with any provision of this Ordinance or any other enactment in any case in which the construction of the building, in such a manner as to include the alteration, would be in conflict with such provision.

8. Requirements by Chairman.

For the purpose of the consideration of any application for his approval or consent under this Chapter, the Chairman may require—

(a) the submission of plans, drawings, and specifications in such form and containing such particulars as may be prescribed by local by-laws, or in the absence of such by-laws by the Chairman;

(b) the amendment of any plan, drawing, or specification so submitted so as to bring it into accordance with law;

(c) the submission of such further information as he may require for the purpose of his decision;

(d) the attendance before him of the person making the application, or some person on his behalf, for the purpose of giving any explanation which the Chairman may require of any plan, specification, or information submitted in accordance with this section;

(e) the furnishing of an address at which all notices under this Ordinance may be served upon the applicant.

9. Appeal where decision delayed.

(1) If within two months after any application for the approval or consent of the Chairman shall have been made to the Chairman under this Chapter, or of the furnishing of any amendment, information, or explanation under section 8, the Chairman fails to intimate in writing to the person making the application his refusal of approval or consent, the applicant may appeal to the Minister and the Minister on such application may (subject always to the provisions of this Ordinance or any other enactment) order the Chairman to give his decision within such time as may be limited in the order; and it shall be the duty of the Chairman to comply with such order.

(2) Within any limits for which Improvement Commissioners have been appointed, the appeal shall be made to the Board of Improvement Commissioners in lieu of the Minister, and the Board of Improvement Commissioners shall in any such case have the same powers as the Minister under this section.

10. Notice of commencement or resumption of operations.

No person shall commence any building operations involving the erection, re-erection, or alteration of a building, or, in the case of any operations the progress whereof shall have been suspended for a period exceeding three months, resume any such building operations, unless—

(a) he shall have given to the Chairman seven days' notice of his intention to commence or resume such operations, with particulars of the intended works; and

(b) the approval or consent of the Chairman required by this Chapter shall have been given within one year before the date of the notice.

11. Inspection of building operations.

The Chairman or the health officer, or any officer authorised generally or specially in that behalf by the Chairman or the health officer, may at any time during any building operations make an inspection thereof without giving previous notice of his intention so to do, and for the purpose of such inspection may enter upon the premises upon which such operations are proceeding.

12. Proceedings to be taken in respect of building or work commenced contrary to this Chapter.

(1) If any building operations are commenced, continued, resumed, or completed contrary to the provisions of this Chapter, the Chairman may by written notice—

(a) require the person who is executing or has executed such operations, or has caused them to be executed, on or before such day as shall be specified in such notice, not being less than seven days from the date thereof, by a statement in writing subscribed by him or by an agent duly authorised by him in that behalf and addressed to the Chairman, to show sufficient cause why the building or work in question shall not be removed, altered, or pulled down; or

(b) require the said person on such day and at such time and place as shall be specified in such notice, not being less than seven days from the date thereof, to attend personally, or by agent duly authorised by him in that behalf, and show sufficient cause why such building or work shall not be removed, altered, or pulled down.

(2) If such person shall fail to show sufficient cause to the satisfaction of the Chairman why such building or work shall not be removed, altered, or pulled down, the Chairman may, without prejudice to the remedy provided by section 13, make an order requiring such person, within a time specified in the order, to remove, alter, or pull down the building or work, and if such person does not comply with the said order, may himself remove, alter, or pull down the building or work, and the expenses thereby incurred shall be paid by such person, and may be recovered in the same manner and by the same process as a rate.

13. Offences.

(1) Any person who shall—

(a) commence, continue, or resume building operations in contravention of any provision of this Chapter;

(b) deviate from any plan or specification approved by the Chairman without his written permission;

(c) execute any building operation in contravention of any of the provisions of this Ordinance or of any local by-law;

(d) fail to comply with any lawful order or written direction of the Chairman;

(e) fail to remove or pull down any building or alteration to any building erected or made for a temporary purpose under a permit issued by the Chairman, within the time specified in such permit; or

(f) cause any other person to do any of the acts above enumerated, or if such person cannot be found,

the owner of the building in question, shall be liable on summary conviction to a fine not exceeding three hundred rupees, and to a daily fine of twenty-five rupees for every day on which the offence is continued after conviction.

(2) In any case in which any person is convicted under this section, the Magistrate may, on the application of the Chairman, make a mandatory order requiring such person, or the owner of the building, or both, within a time limited in the order, to demolish the building in question, or to alter it in such a way as to bring it into accordance with law, and in the event of such mandatory order not being complied with may authorise the Chairman to demolish, alter, or otherwise deal with the building in such a manner as to secure compliance with the order, and to recover the expenses thereby incurred in the same manner and by the same process as a rate.

14. Suspension of operations pending appeal.

Upon any conviction or order under either section 12 or section 13, all building operations in question shall be suspended from the date of the conviction or order, notwithstanding any appeal that may be entered against such conviction or order, and any person acting in breach of this section shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding fifty rupees in respect of each day on which the offence is committed or continues.

15. Certificate of conformity.

(1) No building constructed after the commencement of this Ordinance shall be occupied, except by a caretaker, until the Chairman has given a certificate that such building, as regards construction, drainage, and in all other respects, is in accordance with law.

(2) Any person who has erected any building may apply in writing to the Chairman for such certificate, and thereupon the Chairman, after such inquiry as he shall consider necessary, shall, within thirty days of the receipt of the application, either grant the certificate or inform the applicant of his refusal to do so and of the grounds of his refusal.

(3) Any person who occupies or allows to be occupied any building in contravention of this section shall be guilty of an offence, and shall be liable to a penalty not exceeding twenty-five rupees for each day during which the contravention continues.

(4) For the purpose of carrying out the provisions of this section it shall be lawful for the Chairman or the health officer, or for any officer generally or specially authorised in that behalf by the Chairman or the health officer, at any time between sunrise and sunset, and after giving reasonable notice to the occupants, to enter any building within the administrative limits of the local authority, and to make such inspection and examination of the premises as may appear necessary.

16. Appeal.

Any person aggrieved by the refusal of the Chairman or Commissioner of Local Government to approve of any plan, drawing, or specification, or consent to any alteration, or by any requirement or order of the Chairman or Commissioner of Local Government, or by any refusal of a certificate of the Chairman or Commissioner of Local Government under this Chapter, or by any delay of the Chairman or Commissioner of Local Government in complying with the provisions of section 15, may appeal to the Tribunal of appeal, and the Tribunal on any such appeal (subject always to the provisions of this Ordinance or any other enactment) may make such order as it may deem just.

17. Power of Chairman to permit erection of buildings for temporary purposes.

(1) Anything in this Ordinance or any other written law to the contrary notwithstanding, it shall be lawful for the Chairman in his discretion to grant to any person, on his depositing as security such sum of money as the Chairman may direct, a permit in writing to erect any building or make any alteration in any building, which may otherwise conflict or cause any building to conflict with the provisions of this Ordinance, on condition that such building or alteration shall be erected or made for a temporary purpose only and shall be removed or pulled down by the holder of the permit within such time not exceeding one year from the date of the permit as may be specified therein:

Provided that the Chairman may, if he thinks fit, grant such a permit without any deposit of security.

(2) If the holder of a permit granted under subsection (1) shall remove or pull down the building or alteration referred to in that permit within the time specified therein, any sum of money deposited by him as security shall be returned to him.

(3) If the holder of a permit shall fail to remove or pull down the building or alteration referred to in that permit within the time specified therein, the Chairman may, without prejudice to the remedy provided by section 13, himself remove or pull down the building or alteration, and the expenses thereby incurred shall be deducted from any sum of money deposited by the holder of the permit as security and the balance, if any, returned to him.

(4) —

(a) Where no sum has been deposited as security, the expenses incurred by the Chairman under subsection (3) shall be paid by the holder of the permit and may be recovered in the same manner and by the same process as a rate.

(b) Where the expenses incurred by the Chairman under subsection (3) exceed the sum deposited as security, the amount of the excess shall be paid by the holder of the permit and may be recovered in the same manner and by the same process as a rate.

CHAPTER II

Streets

18. Persons desirous of developing property by building to set apart streets and back lanes.

Except in so far as public streets may be provided by any public authority, it shall be the duty of all persons owning land property by within the administrative limits of the local authority, who shall desire to develop such land by the erection of buildings thereon, to set apart and lay out such streets and back lanes as may be necessary for the approach to such buildings and for their proper scavenging and drainage, and to construct such streets in accordance with this Ordinance or any other enactment defining the powers of the local authority.

19. All buildings to be erected upon street lines.

(1) Every building erected or re-erected after the commencement of this Ordinance within the administrative limits of any local authority—

(a) shall be erected either upon the line of an existing street not less than twenty feet in width, or upon the line of a new street defined or approved by the Chairman or otherwise authorised under this Ordinance or any other enactment; and

(b) shall either abut upon the street or have all the land between at least one face of such buildings and the street reserved for the use of the building.

(2) Where a building is situated upon any street a new building shall not be erected on any space intervening between any face of any such first-mentioned building and the street unless another face of such first-mentioned building is situated upon a street, or unless access thereto is provided by a street in accordance with rule 8(2) of the Schedule, or otherwise.

(3) On the application by any person for sanction to erect a building not complying with paragraph (b) of subsection (1) hereof the Chairman may in his discretion sanction such erection, subject to access to such building being provided in accordance with rule 8 of the Schedule.

(4) The local authority may by resolution, from time to time, subject to the standards prescribed by rule 8 of the Schedule, define the lines by which any existing street or any part or continuation thereof shall be bounded, and the lines so defined shall be deemed to be the lines of the street:

Provided that in the case of a public street, where on the re-erection of any building which projects over any line so defined such building is required to be set back to such line, the local authority shall make compensation to the owner of the building for any damage he may thereby sustain;

Provided, further, that in the case of any existing street, to the extent to which the same is already to a substantial extent developed by buildings, the local authority, for the purpose of defining the lines of the street, may authorise such modifications of the said standards as may be deemed expedient. For the purposes of this section the re-erection of a building includes the re-erection of any wall or part of a wall forming part of the building or of any other support to the roof, or the erection of any new wall or other support to the roof.

The term "re-erection” includes the restoration of any wall or any part of a wall or of any support to a building which has been demolished or otherwise destroyed to or within a distance of five feet from the ground, but does not include any operation which, in the opinion of the Chairman, may reasonably be considered a repair to the wall or support. The expression "existing street” means a street in existence at the commencement of this Ordinance.

20. Notice of intention to lay out new street.

Every person who intends to lay out or construct a new street shall, before commencing the same, give written notice of his intention to the Chairman, and shall along with such notice submit in duplicate plans and sections showing the intended level, direction, width, and means of drainage of such street, and the level of the buildings to be built abutting upon it.

21. Directions by Chairman.

(1) The Chairman may give written the directions to the person submitting plans for a new street with regard to any of the following particulars—

(a) the compliance with the provisions of this Ordinance or any other enactment defining the powers of the local authority;

(b) the line of the new street, so as to ensure that it forms a continuous street with any existing street or approved new street specified by the Chairman;

(c) the levels of the new street and of the ground surface of the building sites;

(d) the provision in connection with the new street of back lanes for the purposes of scavenging in accordance with any improvement scheme sanctioned under this Ordinance;

(e) the width of the new street;

(f) the line of building frontage;

(g) the mode of drainage of the new street;

(h) the rounding of the corners of the new street.

(2) The person to whom any written directions are so given shall amend the plans accordingly.

22. Width of street.

The Chairman shall not approve or define the line of any new street unless such street shall comply with the standards prescribed by the Schedule or with any improvement scheme sanctioned under this Ordinance.

23. Appeal where communication of decision delayed.

(1) If within three months after the receipt by the Chairman of a notice of intention to lay out a new street, or after the receipt of any amendment of the plans of such street, the decision of the Chairman shall not be communicated to the person intending to lay out the street, such person may appeal to the Minister and the Minister on such application may (subject always to the provisions of this Ordinance or any other enactment or any local by-law) make an order requiring the Chairman to communicate his decision within such time as may be specified in the order, and it shall be the duty of the Chairman to comply with such order.

(2) Within any limits for which Improvement Commissioners have been appointed, the appeal shall be made to the Board of Improvement Commissioners in lieu of the Minister and the Board of Improvement Commissioners shall in any such case have the same powers as the Minister under this section.

24. Demarcation of new streets.

(1) Where plans of a new street have been approved under this Chapter, it shall be the duty of the person intending to lay out the street, and of each successor in title of such person, so far as the street lies in his land, to lay out the new street, or to demarcate its boundaries, by such boundary stones or other marks as may be considered sufficient by the Chairman to denote the length, width, and alignment of the street.

(2) In case the new street shall not have been laid out or demarcated within the period of six calendar months from the date when the plans have been approved by the Chairman, the Chairman or any officer acting under his directions may enter upon the land and demarcate the boundaries of the new street, and may recover the expenses thereof from the person in default in the same manner and by the same process as a rate.

(3) Any person removing, defacing, or injuring any such stone or mark set to denote the length, width, or alignment of any such new street shall be guilty of an offence, and liable to a fine not exceeding one hundred rupees.

25. Offences.

(1) Every person who—

(a) lays out or constructs or commences to lay out or construct any new street otherwise than in accordance with plans approved by the Chairman; or

(b) erects or commences to erect any building on a new street which has not been laid out in accordance with the plans so approved, shall be guilty of an offence, and liable on summary conviction to a fine not exceeding three hundred rupees;

and a Magistrate may, on the application of the Chairman, make a mandatory order requiring such person to demolish such building, or to alter such street or such building so as to bring the same into accordance with law.

(2) In the event of such order not being complied with, the Magistrate may authorise the Chairman to carry out the order, and to recover the expenses thereby incurred from the owner of the street or building in the same manner and by the same process as a rate.

26. Constructing private streets.

(1) If any street, not being a public street, or any part thereof, be not constructed or maintained to the satisfaction of the local authority, the local authority may, from time to time, resolve with reference to such street or part thereof to do any one or more of the works comprised in the definition of "construction” in section 2 of this Ordinance; and the expenses incurred by the local authority in executing any such work shall be apportioned by the Chairman among the premises fronting, adjoining, or abutting upon such street or part thereof, and shall be recoverable from the owners of all such of the aforesaid premises as are liable to be assessed for local rates in the same manner and by the same process as a rate.

(2) Before passing any such resolution the local authority shall serve upon the owners of all premises affected thereby a notice—

(a) indicating the works of construction proposed to be undertaken and the estimated probable cost thereof; and

(b) stating a place at which the plans and particulars of the said works, together with a provisional apportionment of the cost thereof,

may be inspected by any person so served, or by any person authorised by him in that behalf, and shall afford an opportunity for the hearing of any objection to the proposed works, or to the proposed apportionment of the cost thereof, in such manner as may be prescribed by by-laws, or as may be otherwise ordered by the local authority.

(3) The local authority may at any time resolve to contribute any proportion of the expenses of any such work of construction which would otherwise be recoverable from the owners of any such premises.

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